1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The plaintiff is a corporation established with capital of KRW 100 million for the purpose of manufacturing and selling the stoves for steel hold.

On March 14, 1969, the defendant is a corporation established for the purpose of various types of insurance, reinsurance contracts, payment of insurance proceeds, etc., and is mainly engaged in the conclusion of performance guarantee insurance contracts and the issuance of performance guarantee insurance policies with the license of the guaranteed insurance business under the Insurance Business Act.

The defendant's license for the guaranteed insurance business under the Insurance Act in Korea is only the defendant.

On August 21, 2009, the Public Procurement Service affiliated with the Plaintiff’s Macalium bid in the Republic of Korea publicly announced a bid to enter into a purchase contract with a person who submitted 54,000 tons of Macalcalium (import acid) to a general competitive bid and bid at the minimum price (hereinafter “instant purchase contract”).

The Public Procurement Service exempted participants from the payment of bid bonds in the instant bidding, and required them to submit a written request for the payment of bid bonds.

Accordingly, on September 9, 2009, the Plaintiff submitted a tender offer to supply 11 billion won calcium (import acid) to the Public Procurement Service with an amount of KRW 54,000,000,000,000,000 as a successful bidder, and submitted the “written notice of payment of the bid bond” with the purport that the Plaintiff would pay an amount equivalent to at least 5% of the successful bidder’s bid price as a bid bond in the event the Plaintiff failed to conclude the contract within the time limit without justifiable reasons after the Plaintiff was selected as a successful bidder.

The Public Procurement Service notified the Plaintiff of the successful bidder’s selection of the successful bidder and the payment of the contract deposit, and notified the Plaintiff of the acceptance of the purchase contract by September 11, 2009, and notified the Plaintiff of the acceptance of the purchase contract by September 18, 2009.

The plaintiff's subscription to the performance guarantee insurance contract and the defendant's refusal to the defendant's three agencies located in Bupyeong-gu, Seocheon-si on September 11, 2009.